Friday, May 10, 2013

MAYBE IT IS, MAYBE IT ISN'T

The news that Pennsylvania's first elected Democratic Attorney General decided to not to press charges against the political insiders who used the Hershey Trust to line their pockets and set up lucrative deals for yet more insiders isn't much of a surprise.

Many will say it is vindication for GOP stalwarts like former Attorney General Leroy Zimmerman who let executive compensation and questionable real estate deals worth millions proliferate under his watch. Maybe it is, maybe it isn't.

However, it is important to note that there were enough shenanigans going on for Kane to demand reforms in how the Trust operates into the future. But, some non-Pennsylvanian non-profit charity experts went so far as to call the Kane report "a joke" and "a whitewash." (Patriot News 5/10/2013) Again, maybe it is, maybe it isn't.

So, is Kane's report on how the Hershey Trust misspent millions of dollars meant for disadvantaged children just another example of nepotism and insiders taking care of one another? Maybe it is, maybe it isn't.

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PART I:

When Pennsylvania Governor Tom Corbett stood in front of a packed room full of backers, political allies and reporters at the Nittany Lion Inn on Jan. 2, his message was undeniably positive for Penn State football fans.

The announcement of a sweeping lawsuit by the Commonwealth against the NCAA seemed to assure that the sanctions leveled against the program would be fought by an advocate with a real opportunity to halt and eventually reverse them.

For the past two weeks, Nittany Lions head coach Bill O'Brien has been touring the Mid-Atlantic on the Penn State Coaches Caravan, doing his best to promote a university and an athletic department that desperately need financial and personal support.

Throughout the tour, questions have been raised concerning Penn State's scholarship allotment and whether the coaching staff's already depleted roster - the team expects to have 67 scholarship players this coming fall - might prompt the NCAA to consider imposing its 65-scholarship cap this year rather than next year (thus allowing that specific sanction to end a year early).

Though the exact scholarship numbers have fluctuated throughout, a report Tuesday by Mark Wogenrich of the Allentown Morning-Call indicated that the NCAA would not, in fact, consider such a change.

Why not?

To answer that question, look no further than two career politicians who are at the center of this case and whose jobs are in peril: Corbett and NCAA president Mark Emmert.

Emmert, heading an organization deeply embroiled by scandal - from the Miami fiasco to Ed O'Bannon to, yes, the Pennsylvania lawsuit - is digging in to save his career.

While he received a baffling vote of confidence from the association's executive committee in February, he is under heavy scrutiny, and speculation about his possible ouster persists in light of the NCAA's pending legal proceedings.

Regardless of Corbett's lawsuit, every indication is that as long as Emmert is the head of the NCAA, there will be no negotiations to revisit the sanctions laid out in the consent decree that Penn State signed.

Later this month, Federal Judge Yvette Kane will hear oral arguments in Harrisburg from both parties.

There is a possibility of an injunction, which would put a temporary halt to the sanctions.

The case would continue to move through the legal system, and there's a chance it would ultimately succeed.

But there's also a chance it would fail, and the possibility that the sanctions would be reinstituted after a one or two year hiatus would be a disaster.

As it stands, O'Brien has molded a program that is deep into its plan to navigate the sanctions, and the expected challenges of 2014, 2015 and 2016 don't seem nearly as daunting today as they did last July.

But an injunction halting the sanctions would leave the program swimming in the dark. Penn State would not be able to restock its roster with 85 scholarship players, because the NCAA's sword would still be hanging over the program.

Due to the highly sensitive nature of the ongoing litigation, Penn State officials are unlikely to even acknowledge its impact.

Yet, O'Brien's response Wednesday in New York when asked whether there's any hope of momentum toward reduced sanctions speaks volumes.

"I really believe that that's a question for somebody other than me because, my answer is, I'm playing under these rules.

I'm the football coach.

I think that's either a question for our administration or the NCAA itself," he said. "I don't think I can answer that question properly because I just play under the rules, and I ask our guys, 'Look, this is what we're playing under.'

"My answer would be no. But, I think again that question is for somebody else."

Though the possibilities weren't as apparent when Corbett announced his lawsuit in January, time has shown why O'Brien and other Penn State officials avoided comment on the subject.

The possibility of a legal victory tantalized Penn State fans eager for a way out, but the consequences of a loss are far more ominous.

Certainly, much is left to play itself out in the coming months and years.

But as the May 20 hearing approaches, Penn State fans need to be mindful of the old saying: Be careful what you wish for, because you might get it.

Bob Fernandez of the Inquirer has written an outstanding series on the $12 million purchase of a luxury golf course Republican investor bailout and $8.6 million Pumpkin Patch http://www.philly.com/philly/business/Inq_HT_Hershey_Trust.

Ugarte, astutely, notes the John Estey Connection. That would be BallardSpahr's John Estey formerly entwined with Delaware Port Authority. http://blogs.phillymag.com/the_philly_post/2010/08/17/at-the-drpa-the-inmates-are-running-the-asylum/

Brad Bumsted gets it right. "Equal Justice for All" seems to mean some are more equal than others. Surely, DeWeese is furious at the hypocrisy and injustice of ex-state Supreme Court Justice Joan Orie Melvin, a Republican, committing essentially the same crime and getting three years of house arrest. Allegheny County Common Pleas Judge Lester Nauhaus, a former defense attorney, last week also required Melvin to mail a letter of apology and photo of herself in handcuffs to every judge in the state.

By Bonusgate standards, Melvin's sentence doesn't even qualify as a slap on the wrist. It seems she was given an outright pass by another jurist. Nauhaus said he saw no reason to spend more tax dollars having Melvin sit in prison.

Her sister, ex-Sen. Jane Orie, R-McCandless, along with DeWeese and six other former legislative leaders, is serving prison time for misusing public resources. Jane Orie's sentence is 2½ to 10 years for using her Senate staff to work on Joan's campaigns for the high court. Jane Orie, sentenced by Allegheny County Judge Jeffrey Manning, no doubt got the stiffer sentence as a result of her effort to cover up her crime by forging documents submitted to the court that put her case in a better light.

Orie apologists suggest Melvin's crime was miniscule compared to the legislative leaders'. It's true. The amount of Joan's theft was $33,000; Jane's was $23,000. DeWeese's exceeded $100,000, prosecutors said, but even that was small compared to other schemes by House Democrats and Republicans. Read more: http://triblive.com/opinion/bradbumsted/3991800-74/prison-melvin-deweese#ixzz2T6yknOoj

Honestly don't understand how Supreme Court Justice gets grounded to her house and Veon gets 5 years in prison. Besides, losing a pension and paying fines pretty much ruins most defendants, but apparently doesn't mean much to the Justice. I thought the resenrencing was about more rules for the grounding - like no playing video games, staying up real late or sleep overs. But it seems like the only rules are stay in the house unless you're going to church, to community service, to see your dr. or other health or service provider, or to visit your lawyer, or something the court approves like a family event or funeral or maybe for a walk on a nice day or something like that.

If staffers serve sentences, lose pensions and lose most chances to get jobs or improve their lives, why does the Justice get off with staying at home and having to send out autographed pictures to other judges? Too much.

The culture problem at Penn State went beyond the issue of the obsession with football. The place was run by a handful of 'old boys', as a close knit, old boy network.

The university police are being reformed to make them more responsible to the community, and less responsible to handful of old boys who ran the place, so hopefully, there will be less chance of a cover-up to protect the image of the university.

National searches means they are less likely to hire an athletic director who was a former player for the football coach, and who knew he had less power than the coach.

Showing trustee meetings means transparency for the first time, and rubber stamping of the wishes of a few will hopefully lessen.

Why weren't charges brought against Sandusky when Corbett was in the AG's office?

He's as useless as any of the Trustees we haven't yet managed to oust. Tom Corbett is a creep, he dropped the ball years ago and now is only interested in what he has always been, himself. Best thing for Penn State and PA is to get rid of him.

I think Corbett is part of the scandal. The Second Mile foundation was giving money to his campaign. After throwing Joe under the bus now he is trying to advocate for what is right? I am disappointed this suit has been dismissed.

That being said, let us not kid ourselves into thinking Corbett has Penn State's best interest at heart. Corbett has Corbett's best interest only in himself...And where is he at budget time?!?

Cutting funding as usual. Corbett is no friend of education and public universities in general, and Penn State specifically.If anyone is trying to get Corbett to embrace our desire to get to the bottom of things and expose the incredible corruption that has taken place in order for us to get to where we are today.

Very noble try and I applaud your attempt. I hope there are people with intestinal fortitude to pursue justice and Justice will prevail.

Most know that Corbett was just trying to get Penn State votes for his re-election. He was the main reason Joe Paterno got no consideration when they fired him by telephone.

Governor Corbett needs to apologize to the Penn State Alumni. Admit he was wrong about the…..Governor Corbett will only do that which makes him look good. Nothing more.

But - in reality - anyone with 1/2 a brain can see the overwhelming evidence that now exists points NOT TO PSU as the key "failure point" - but to others who have enough "connections" and political influence to manage the messages that create the "facts" needed to sell a story like the Sandusky Scandal to the public. This kind of EXTREME management of public perception in the "Haunting of PSU" is only possible with full access to power politics and a politically corrupt government.

The proof of this assertion can be validated by the OVERWHELMING amount of certifiable political DNA that exists (and HAS EXISTED). For me, the only question that still remains unanswered is ...are outside "power brokers" controlling the State of PA and PA legal system - OR- is it a group of PA politicians abusing their power and access - OR is it BOTH working together for their mutual enrichment?

In the long run, I hope TRUTH WINS OUT and the State of PA Scandal (commonly promoted as the Penn State Scandal) haunts Corbett all the way into a jail cell.

CORBUTTs REPUBLIC PARTY PROSECUTION MACHINE technique was to have extremely long investigations, groom and coach witnesses, threaten witnesses with long prison sentences, but give them immunity if they say what the CORBUTT Operatives wanted them to say...Surprised CORBUTT is not trying to PRIVATIZE the COURT SYSTEM TOO...We need PRIVATE CORRUPTION OUT OF GOVERNMENT!!!

Why Kane would adopt such mild tactics and not go after the Senators Aides in Bonus Gate with the biggest Bonuses is nothing short on injustice for all?

Corbett immediately left the room without taking questions to the ire of the reporters.

This entire saga still begs the overarching issue of our Commonwealth approving a child molester as an adoptive & foster parent.

It does not answer how our Commonwealth continued to license & audit a children's charity that allowed a child molester unfettered, unauthorized, individual access to minors from that charity.

That's a crime that needs to be addressed - and now since Corbett took over $240,000 from that's same Charity members and awarded them $3 million in a Grant, until it went public, then took it back???

Indeed, it is now curious what Governor Corbett considers the greatest injustice — not that children were abused, and not even that one of his state’s largest school has had its reputation tarnished on a national level, but that Penn State has temporarily lost some money???

I’m sure he’ll be happy to help PSU fight the size of the payments to the victims, too.

It is all too much off a coincidence that almost to the day that Corbett transitions from AG to Governor, a scandal that takes all attention off of Zimmerman's scandal's is launched by the AG's Office leaking information regarding a SWIGJ Investigation to a Harrisburg journalist.

After the Sandusky scandal catches hold throughout the year in 2011, the press pays very little attention to Zimmerman's myriad scandals in regards to the Hershey Trust and charities (and questions being asked regarding Zimmerman's with the AGO).

Oh yea, Zimmerman also served on the BOT of PSU Dickenson Law School and was honored as a "Distinguished Alumni" by the PSU BOT when Baldwin became Chair of the PSU BOT!).

Something tells me the timing of all this stuff and the launch of the Sandusky scandal/investigation by Corbett's OAG (remember multiple parties said he did almost nothing and only had 1 investigator assigned until December 2010...) is not just mere "coinky dink".

Sandusky was around very powerful people for 30+ years and fooled them all.

I have a sinking feeling that the 2nd Mile will never be investigated to any extent as we are now 18+ months since the GJ indictment and nothing has happened other than some weak rumors of an investigation.

I have no idea how the 2nd Mile is not being torn apart for how this was allowed to occur for so many years. You could easily say that JS started the second mile to find children to molest and he did so for at least 20 years.

Yet nobody is looking into how this continued to occur other than saying a few PSU admins were somehow how at fault. That doesn't even come close to passing the smell test.

The 2nd Mile not being primarily in the cross hairs of this whole mess is the single biggest reason I think there is some very, very, very, very ugly behind the curtain that some very powerful men with big money are pulling strings to make sure it never comes into the light.

Once again, the PAOAG looks like it is investigating the wrong guy, gifts are nor Bribes are they?

But The Patriot News never asked for an investigation of Tom Corbett as AG when Corbett took Campaign Money from Sandusky's Second Mile?

As governor, why did Corbett personally approve a taxpayer-funded, $3 million grant to Sandusky’s Second Mile charity, given Corbett's knowledge that Sandusky was under investigation for multiple child rapes?

Corbett's statement that blocking the grant would have tipped people off to the investigation is utterly disingenuous, particularly since the media reported on the investigation in March, and Corbett did not approve the funds until July 2011.

Vetoing the charitable grant would have simply been viewed as another financial cutback in a budget full of slashed programs.

No ever investigated Corbett on, did the $640,000 in campaign donations from board members of the Second Mile, along with their businesses and families, have anything to do with Corbett's actions?

If not, fine.

But how did such a massively significant point slip Corbett's mind—until the media brought it up? And was that question also out of line?

When Corbett is investigated along with Republican Senate Aides that got the largest Bonuses in Bonus Gate and worked on Corbett's Governor Campaign from Second Mile Money, and not one brought before a Grand Jury, these investigations into Turnpike Bribes look little and dirty and will not work

Buried in a technicality and another cover up by those in power that want to see Corbett Re-elected.

The only way Corbett will be Re-elected is if Allyson Schwartz gets the Democratic Nomination, and those in Montgomery County like Groen and Philadelphia are making that happen, along with the Power of the Purse at the Pennslvania Society.

Do not get me wrong, I respect Congresswoman Allyson Schwartz very much, but she is too liberal for central Pennsylvania to support her and she make many gaffs in the Campaign that Corbett will take advantage of in short order.

If Corbett wants Economic increases in College Football at Penn State the Governor should have the PITT-PENN STATE series renewed and would bring millions to Pittsburgh and continue to keep millions in State College.

Yet, Corbett never mentions it, because he knows that will make some PSU Voters even madder at him???????

At the same time, PITT & TEMPLE Basketball Teams should play at Penn State that would sell out Bryce Jordan Center?????

What a coward instead of doing what is right, he lacks the character to tell the truth.

The news reports were that the whistle-blower case was a Federal case and involved corruption within the Attorney General's Office. Has it been settled? Is Mrs. Kane investigating the case as it moves forward? The public has a right to know since it involves the internal operation of the chief law enforcement officer of the Commonwealth. Once again, what happened to the whistle-blower case in the AG's Office? happened

AG Kane & Staff has to go where the facts lead and be level headed. I don't want to ever see the last 2 AG's, such as Corbett hidden agenda to delay the investigation to use resources on Bonus Gate, or AG Kelly announcing Paterno did the right things, and went into grand standing melodramatics, only to look foolish when Freeh and not her staff found the hidden emails and she went silent right out of office???

I don't think Kane will do anything here. She got the position she wanted in the election and frankly she didn't strike me as 'the best and the brightest' to begin with.

She was the recipient of a protest vote and after she got what she wanted she "moved on".

I do wish someone would shove a microphone and camera in her face and ask how she can allow 2 PA state troopers who committed flat out perjury in the JS trial to not be charged and their Commissioner Noonan to not be punished by turning a blind eye to it.

Either perjury is being prosecuted in Pennsylvania or its not. You can't excuse state employees for perjury and go after others.

Bravo General Kane!!!!The AG and her staff are getting to the heart of the abuse administered by Corbett and Fina on the Grand Jury system in PA. Political pressure causes prosecutors to abuse the law. Check Philly Inquirer 7/15/2013 article regarding Kane behind ouster of judge.

After all, Judge Feudale oversaw the Grand Juries over Bonus Gate and Penn State and there were leaks of both Grand Juries which were illegal.

So whom did Judge Feudale appoint to investigate the Leaks????

None other than Deputy Attorney General Patrick Blessington, the underling to Senior Deputy Attorney Frank Fina who was in charge of all these Grand Juries and when such Leaks appeared?

So, Judge Feudale poor Judgment to investigate all Illegal Leaks was Blessington who was working at the PAOAG and knows all the Employees at the PAOAG at the very times these Illegal Leaks occurred.

If Judge Feudale wanted an Independent Investigation, he should never have appointed the same Deputy Prosecutor that was working on all these cases, and certainly cannot be fair or trusted, since he was part of the PAOAG Grand Juries Investigation where the Illegal occurred????

I think Jude Feudale needs to be investigated under Special Independent Counsel since it was these Grand Jury leaks that led to Paterno's and Spanier firing, as well as Frank Fina using dubious tactics on not bringing one Republican Senate Aide before any Grand Juries in Bonus Gate?

Especially since these Republican Aides went on to be given the largest Bonuses and ended up working on AG Tom Corbett's Campaign for Governor!

The Republicans never thought in a millions years that the Democrats would elect an Attorney General that has to Power to oversee how the Republicans AG's used the Power of that office for Political Goals of Zimmerman, Corbett and now Judges that participated in oversight of Illegal Grand Jury Leaks, and did nothing to investigate them?????

Except appoint a flunky of Tom Corbett and Frank Fina's to look into their violations of Illegal leaks, Ethics, and maybe outright Crimes cover ups?

I APOLOGIZE IT WAS James M. Reeder THAT WAS APPOINTED NOT PATRICK BLESSINGTON. YET, REEDER.

Deputy Attorney General James Reeder, Harrisburg OfficeAttorney General Tom Corbett today announced the formation of a Public Corruption Unit within the Attorney General's Office. The unit is designed to primarily combat corruption through the prosecution of elected officials and government employees.

Corbett has assigned seven seasoned prosecutors to the unit who will be specially designated to investigate and prosecute public corruption cases.

Corbett said, "By creating a Public Corruption Unit, the Attorney General's Office is putting a spotlight on investigating and prosecuting public corruption cases at a crucial time in our state's history when slot machines and casino gaming is about to become reality."

Prior to becoming an attorney in 1995, Reeder worked in the banking and educational fields. He was a prosecutor in the York County District Attorney's Office for eight years and joined the Attorney General's Office last year.

He is currently involved in a number of criminal and ethics prosecutions of public officials, including the two employees of the Luzerne County Court of Common Pleas.

A judge in Pennsylvania has ordered a special prosecutor to examine if secrecy rules were violated in connection with a grand jury that investigated former Penn State assistant football coach Jerry Sandusky as well as three former school administrators who face criminal charges.

In February of 2013, Judge Barry Feudale named attorney James M. Reeder on Feb. 8 as the special prosecutor and gave him six months to investigate secrecy issues related to the grand jury.

I made a mistake it was DGA James Reeder, Judge Feudale appointed to investigate the AG Corbett and Fran Fina Grand Juries for Illegal Leaks, not Deputy Attorney General Patrick Blessington.

Still, James Reeder has no business in investigating the very people he worked with the AG Office when these Illegal Grand Juries Leaks occurred, either.

It is clear, Judge Feudale used poor judgment with such an appointment over Grand Juries he presided over and this should be the job of an INDEPENDENT SPECIAL PROSECUTOR not part of AG Corbett's & Kelly Staffers?

John Micek today,In a statement, Corbett said Gromis Baker had "mastered the details of effective political management and leadership, skills she will bring to the demanding position of chief of staff."

Former OAG prosecutors Frank Fina and Kenneth Brown persecuted legislative leaders and staff for bringing in political management experts.

Corbett's political aspirations destroyed people, families and the integrity of professional lawyers.

PSU's Payroll Office confirmed janitor Calhoun was hired after November 2000 -- could not have witnessed crimes

Implications for the former prosecutors McGettigan and Fina & Key witness PetroskyFormer prosecutors Joseph McGettigan and Frank Fina were likely responsible for the changes to the testimony of Ronald Petrosky from the grand jury to the trial. The greatest change involved moving the crime scene from the Assistant Coaches Locker Room to the Staff Locker Room. However, much of Petrosky's testimony was highly improbable, especially the circumstances of Calhoun's witnessing of the crime. Prosecutors also failed to verify any of the erroneous testimony provided by Petrosky including problems with the physical layout of the locker room, the timing of his report to the police, and the time frame of the crime.